Free Petition to Revoke Probation/Release - District Court of Arizona - Arizona


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Date: April 26, 2006
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State: Arizona
Category: District Court of Arizona
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UNITED STATES DISTRICT COURT
for APR 2 6 2006
DISTRICT ol= ARIZONA C¤ED?g.,g,§$§§%ggg¤i
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United States v. Jalen Joe Joaquin Docket No. 04CR00176-002-PHX-RGS
Petition to Revoke Supervised Release _·‘\’
COMES NOW PROBATION OFFICER Donna J. Salazar presenting an official report on Jalen
Joe Joaquin who was committed to the Bureau of Prisons on May 5, 2004, by the Honorable Roger G.
Strand presiding in the District Court of Arizona. A 36-month period of supervised release was imposed,
and supervision commenced upon the offenders discharge from imprisonment on May 9, 2005. In
addition to the general terms and conditions adopted by the Court in General Order 05-36, the offender
was ordered to comply with the following special conditions:
1. You shall participate as instructed by the probation officer in a program of substance abuse
treatment which may include testing for substance abuse. You shall contribute to the cost of
treatment in an amount to be determined by the probation officer.
2. lf deemed appropriate by the supervising probation officer, you shall participate in an approved
program for domestic violence counseling.
3. You shall submit to search of person, property, vehicles, business, and residence to be conducted
in a reasonable manner and at a reasonable time by, or at the direction of, the probation officer.
4. You shall provide the probation officer access to any requested financial information.
5. You shall complete 100 hours of community service at a rate to be determined by the supervising N
probation officer. The defendant shall select the agency, which shall be approved by the
probation officer.
6. You shall abstain from all use of alcohol or alcoholic beverages.
7. You shall not operate a motor vehicle without a valid driver license.
8. You shall not have contact with co—defendant Charlotte Kaye Lewis without prior permission ofthe
probation officer and shall immediately report to the probation officer any unauthorized contact.
Jalen Joe Joaquin was convicted of Transportation of Illegal Aliens for Profit, in violation of 8 USC §
1324(a)(1)(A)(ii) and (a)(1)(B)(i), a Class C felony.
Case 2:O4—cr—OO176—RGS Document 49 Filed O4/26/2006 Paget of3

Page 2
"...U.S.A. v. Jalen Joaquin 0 °
'" Docket No. 04CR00176-002-PHX-RGS P
April 4, 2006
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation of Standard Condition Number 3: "You shall report to the Probation Office as
directed by the Court or probation officer, and shall submit a truthful and complete written
report within the first five days of each month."
Joaquin failed to report to the probation oftice as directed to submit monthly supervision report
forms for the months of January, February and March 2006.
A Grade C violation pursuant to §7B1 .1(a)(3)(B).
B. Violation of Standard Condition Number 8: "You shall refrain from excessive use of alcohol
and shall not purchase, possess, use, distribute or administer any narcotic or other
controlled substance, or any paraphernalia related to such substances, except as
prescribed by a physician. Possession of controlled substances will result in mandatory
revocation of your term of supervision. lf ordered by the Court to participate in a drug
andlor alcohol abuse treatment program, you shall totally abstain from th use of any
alcoholic beverages or other intoxicants during and after the course of your treatment."
On December 2, 2005, Joaquin used marijuana as evidenced by his written admission to use of
the drug on that date. On or about December 16, 2005, Joaquin used cocaine as evidenced by
a urine sample submitted by him on that date which confirmed positive for the presence of
cocaine.
A Grade C violation pursuant to §7B1.1(a)(3)(B).
C. Violation of Special Condition Number 1: "You shall participate as instructed by the
probation officer in a program of substance abuse treatment which may include testing for
substance abuse. You shall contribute to the cost of treatment in an amount to be
determined by the probation officer."
Joaquin failed to complete a substance abuse treatment evaluation and participate in substance
abuse testing at TASC as directed by the probation officer on December 2, 2005.
A Grade C violation pursuant to §7B1 .1(a)(3)(B). Mandatory revocation, 18 USC § 3583(g)(3).
Case 2:O4—cr—OO176—RGS Document 49 Filed O4/26/2006 Page 2 of 3

Pa ¤ 3
v. Jalen Joaquin 0
" Docket No. 04CR00176—002-PI-IX-RGS
April 4, 2006
AFFIDAVIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
ln conformance with the provision of 28 U.S.C. § 1746, I declare, under penalty of perjury, that the
foregoing is true and correct to the best of my knowledge. Based on the information presented that
the offender has violated conditions of supervision, I am petitioning the Court to issue a warrant.
..4../V./OED. _ - - .
Donna J. Salazar, Date
U.S. Probation Officer
Reviewe by
’D.» Off élgg
Kim erly A. Durazo, Date
Supervisory U.S. Probation Officer
Re ' wed §
M an- it it at
Mary Beth Phillips, Date
Assistant U.S. Attorney
ORDER OF COURT .
I find there is probable cause to believe the offender has violated conditions of supervision,
supported by the above affirmation given under penalty of perjury. The Court orders the issuance of
a warrant. Considered and ordered this fil ade a part of ecords in ove case.
1 I
e H o able Rog . Strand,
Senior .S. District Court Judge
Defense Counsel:
Baltazar Iniguez (Appointed)
3106 North 16"‘ Street
Phoenix, Arizona 85016-7610
(602) 285-5688
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